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Terms of Use

1. Description of Website and Acceptance of Terms.

Tekscan, Inc., Delaware corporation ("Tekscan," "we," "us" or "our"), is the owner of the website located at www.tekscan.com (the "Website") and provides all features, functionalities, user interfaces, content, software and services available on the Website. These Terms of Use govern your use of the Website. By visiting, registering with, or shopping at the Website, you unconditionally agree to be bound by these Terms of Use. If you do not agree to these Terms of Use in their entirety, you do not have permission to access or use the Website. Please read these Terms of Use carefully.

2. Changes to Terms of Use.

Tekscan reserves the right at any time to amend or modify these Terms of Use, to discontinue all or any portion of the Website, or to add or remove any features to or from the Website. Tekscan agrees to post all amended forms of these Terms of Use on the Website, and such amended forms shall be effective immediately upon posting. It is at all times your responsibility to read the most current form of the Terms of Use to ensure that you agree to the terms and conditions of any amendments thereto. You agree that this procedure for giving notice of amendments to the Terms of Use is reasonable. Your use of the Website constitutes your acceptance of any such amendment, modification, discontinuance, addition or removal.

3. Privacy and Data Protection.

The Tekscan Privacy Policy, which is available on our Website, governs any information you submit via the Website and is incorporated by reference into these Terms of Use. All other policies posted by Tekscan are also incorporated into these Terms of Use by reference. Each reference to these Terms of Use herein includes reference to the Privacy Policy and all other policies posted on the Website. You shall comply with these policies when accessing or using the Website.

4. Accessing and Using the Website.

4.1. License. The Website is provided for your personal and noncommercial use. Tekscan grants you a limited, personal, nonexclusive, nontransferable, nonsublicensable, freely revocable license to access and use the Website as set forth in these Terms of Use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

4.2. Content. All "Content," including but not limited to all video, sound recordings, software, digital downloads, artwork, graphics, text, editorials and news, blog posts, Feedback (as defined in Section 6.6), interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Tekscan, and is protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property rights laws. Without the prior written consent of Tekscan, you shall not transmit, distribute, translate, publicly display, publish, record, retransmit, rent, sell, digitize, endorse, reproduce, alter to make new works, perform, or compile any Content in any commercial way.

4.3. Use Within Laws and Regulations. You agree to use the Website, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree that you shall comply with these Terms of Use and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use, except as explicitly provided herein, any Content or information contained in or obtained from or through the Website; (ii) delete the copyright or other proprietary rights notices from any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections on the Website; (iv) use any robot, spider, scraper or other automated means to access the Website; (v) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; (vi) insert any code or product or manipulate the Website in any way; (vii) use any data mining, data gathering or extraction method; (viii) collect any information in violation of Tekscan's Privacy Policy; (ix) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any software viruses or any other computer code, files or programs; (x) remove, modify, disable, block, impair, or obscure any advertising in connection with the Website; or (xi) use or encourage the use of the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

4.4. Age. The Website is not intended to be used by minor children under the age of 18, or the age of majority in your province, territory or country. If you are between the ages of 13 and 18 (or between 13 and the age of majority in your province, territory or country of residence), you shall use the Website only under the supervision of a parent or legal guardian who shall be bound by these Terms of Use.

4.5. Termination. We reserve the right to suspend or terminate your use of the Website if you violate these Terms of Use or otherwise engage in any illegal or fraudulent use of the Website.

4.6. Third-Party Endorsements & Disclaimers. Our case studies, professional testimonials and third party endorsements appearing on this site or conveyed through a webinar are based on individual experiences of those who have used our products and/or services. They are based on individual results and results may vary. Our Disclaimers govern any such Content and are also incorporated into these Terms of Use by reference. Each reference to these Terms of Use herein includes reference to the Disclaimers posted on the Website. You shall comply with these Disclaimers when accessing or using the Website.

5. Orders and Billing.

5.1. Payment Methods. Tekscan accepts payments through the Website by credit card. All pricing is in U.S. Dollars, and Tekscan accepts payment in U.S. Dollars only. In the event of failed payment processing with respect to any purchase through the Website, you agree to allow Tekscan to continue to attempt to complete payment processing on your Account. If processing payment is unsuccessful, Tekscan reserves the right to cancel your order and suspend your Account.

5.2. Duties and Taxes. Your total price shall include the listed price, including any applicable sales tax, goods and services or value added tax. Such state and local sales tax shall be determined based on your shipping address and the sales tax rate in effect at the time you purchase the product. We shall charge tax only in states and other territories where goods and services sold over the Internet are taxable. In certain territories outside the United States of America, a customs duty may be due, payment of which you agree shall be your responsibility. You acknowledge that certain payment methods may have foreign transaction and/or currency fees, and that such fees shall be your sole responsibility.

5.3. Accuracy of Information. Tekscan cannot and does not guarantee the accuracy or completeness of the Website or the information available thereon. You understand that any information on the Website may contain errors, including but not limited to pricing, typographical errors, technical inaccuracies, and other errors, which Tekscan reserves the right to correct without liability. Tekscan does not guarantee that any particular product will be available or as described, and it reserves the right to make substitutions or omissions at its discretion. Products and services are the responsibility of the manufacturer and service provider, respectively, and subject to the warranties offered by such manufacturer or service provider. In the event that any product or service available for purchase on the Website is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Tekscan shall have the right to refuse or cancel any orders placed for such incorrectly listed products. Tekscan shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Tekscan shall immediately issue a credit to your credit card account in the amount of the charge.

5.4. Risk of Loss. All products purchased from Tekscan shall be shipped by a third-party carrier. As a result, title and risk of loss or damage for such merchandise shall pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within thirty (30) days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement shall be shipped and a refund shall not be issued or considered. You may report damaged items to Tekscan Customer Support, and your report must include a photograph of such damaged item. Damaged items shall be reviewed by Tekscan Customer Support and a replacement shall be issued only for damaged products. Blemishes or damages to packaging shall not be considered as part of a damaged item. All refunds shall be provided at the discretion of Tekscan Customer Support.

6. Your Account.

6.1. Registration. Tekscan may make certain services available to you that enable or may require you to register an account (an "Account"). Registering an Account requires you to provide Tekscan with information about yourself. When you register an Account, you shall provide true, accurate and complete information. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. By registering for an Account, you confirm that you are 18 years or older. Tekscan reserves the right, in its sole discretion, to suspend or terminate your Account at any time for any reason.

6.2. Account Credentials. You agree to maintain control over your Account and to neither share the credentials of your Account nor access the Website with the credentials of another person’s Account. For the sake of clarity, an Account is owned by the person or entity whose payment information is on file with Tekscan. You are responsible for maintaining the confidentiality of any password you create for your Account. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify Tekscan. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.

6.3. Privacy. Any personal information that you provide in connection with your Account registration shall be used by Tekscan in accordance with our Privacy Policy and these Terms of Use.

6.4. Electronic Communications. You agree that we may send you information relating to your Account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form, for example via e-mail to the e-mail address you provide during registration.

6.5. Customer Support. To find more information about our products and services and their features or if you need assistance with your Account, please visit the Tekscan Customer Support page of our Website. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our Website, these Terms of Use will prevail.

6.6. Communications with Tekscan. You may submit communications, suggestions, product comments and feedback, billing inquiries, questions, or other information to us through the Website or otherwise (collectively, "Feedback"), provided that such Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You shall not use a false e-mail address, impersonate any person or entity, or otherwise submit misleading Feedback. You grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media. We shall not take any responsibility and shall not assume any liability for any Feedback submitted by you or any third party, and we expressly disclaim the accuracy or reliability of any ratings or comments provided by users of the Website or customers of Tekscan regarding the products or services provided by Tekscan. We shall not be responsible for the confidentiality of any information communicated to us through the Website except to the extent that such information is protected by our Privacy Policy.

7. Third-Party Content and Applications.

7.1. Links. In an attempt to provide increased value to our visitors, Tekscan may link to websites operated by third parties. Such websites are not necessarily under Tekscan's control, and Tekscan is not responsible for the content of any linked website or any link contained in a nonaffiliated linked website. Tekscan has selected the links on the Website for your convenience only. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and Tekscan shall not be responsible for notification of any change in name or location of any information on the Website.

7.2. Third-Party Applications. You may encounter third-party applications, including, without limitation, websites, widgets, software or software utilities, that interact with the Website. Your use of these applications may be subject to third-party terms of use or license terms.

8. Medical Information.

8.1. No Medical Advice. TEKSCAN DOES NOT PROVIDE NOR ENDORSE MEDICAL ADVICE OR RECOMMENDATIONS. You should not rely on any information on the website as a substitute for professional medical advice, diagnosis, or treatment. You should not assume that the information on this website concerning certain courses of diagnosis or treatment will apply or be successful. The contents of this website are for general informational purposes only. The medical information on our website is provided without any representations or warranties, express or implied. Without limiting the foregoing, we do not represent or warrant that such medical information will be constantly available or available at all or will be true, accurate, complete, current or non-misleading.

8.2. If you are a Medical Professional. The contents of this website may be of interest to medical professionals or other health care providers. Such persons should exercise their own judgment in determining whether a particular product, treatment, therapy option, procedure, program or service is appropriate or legal for their practice or their patients. Persons proposing to evaluate or use our products for a medical purpose must rely on their own medical judgment and legal advice as to the suitability of our products for such a purpose.

9. Intellectual Property.

9.1. Tekscan Retains Rights. Except as expressly set forth herein, all intellectual property rights in the Website and all material available therein, including, but not limited to, Content, text, graphics, logos, button icons, images, audio clips, data compilations, software, source code and object code, and the compilation, combination, look and feel or other works, concepts, inventions or other protectable aspects of the Website, are the property of Tekscan or its licensors. Tekscan retains all copyrights in the individual pages and their components, compilations, and collective works available through the Website. You agree and acknowledge that no title to any software or any other aspect of the Website shall pass to you under these Terms of Use.

9.2. Copyright. The Website is protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. Except as set forth in the limited license in Section 4.1 herein, or as required under applicable law, you shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the Content or any other portion or feature of the Website, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Content or any portion thereof without our prior written consent.

9.3. Trademark. BPMS, Body Pressure Measurement System, CoM’nalysis, Core, ELF, FlexiPot, F-Mat, F-Socket, Footprint Plus, ForceView, Grip, Hoof, HR Mat, Huge-Mat, K-Scan, Saddle, SAM, SBA, Sensel, SportsAT, Sports Balance Analyzer, STAM, Stance Timing Analysis Module, Strideway, Sway Analysis Module, TAM, Timing Analysis Module, TireScan, VSA, Virtual Sensing Array, Walkway, and Wiper are trademarks of Tekscan, Inc. in the U.S. and other countries. ClinSeat, CONFORMat, Evolution, FlexiForce, F-Scan, I-Scan, MatScan, MobileMat, Novus, Presto-Scan, Tekscan, the Tekscan Logo, T-Scan, and VersaTek are registered trademarks of Teskcan, Inc. in the U.S. and other countries. All other names and trademarks are the property of their respective holders. These Terms of Use do not grant you a license to use any trademark, trade name, or logo of Tekscan, and you recognize that the trademarks, trade names, and logos of Tekscan represent valuable assets of Tekscan and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. You shall not use or permit any third party to use, at any time, Tekscan’s trademarks, trade names, or logos.

10. Disclaimer of Warranties.

THE WEBSITE, INCLUDING THE CONTENT AND ANY DOWNLOADABLE PRODUCTS OR PHYSICAL MERCHANDISE PROVIDED THEREWITH, IS PROVIDED AS IS, AS AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEKSCAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (TOGETHER, THE "TEKSCAN PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE TEKSCAN PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING THE COMPUTER HARDWARE, DEVICES, INTERNET CONNECTION AND/OR DATA PLAN NECESSARY TO ACCESS AND USE THE WEBSITE, AND ALL COSTS AND EXPENSES RELATED THERETO.

11. Limitation of Liability.

11.1. YOUR USE OF AND ACCESS TO THE WEBSITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE TEKSCAN PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE WEBSITE, ANY DELAY IN OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE TEKSCAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

11.2. NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TEKSCAN PARTIES, UNDER OR IN CONNECTION WITH THESE TERMS OF USE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE WEBSITE, ANY DELAY IN OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FIFTY U.S. DOLLARS ($50.00).

11.3. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TEKSCAN WOULD NOT ALLOW YOU TO ACCESS OR USE THE WEBSITE.

11.4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.

12. Indemnification.

12.1. You shall indemnify, defend, and hold harmless the Tekscan Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including attorneys' fees, arising out of, in connection with or resulting from: (i) your actual or alleged breach of these Terms of Use; (ii) any allegation that any Content or other material that you have submitted or transmitted to Tekscan infringes, misappropriates, or otherwise violates any party's copyright, trademark, trade secret or other intellectual property rights; and (iii) any acts or omissions of you or any person or entity accessing the Website using your Account and password.

12.2. Tekscan reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with Tekscan's defense of such claim.

13. Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. Any action, claim or proceeding arising out of or relating to the Website or these Terms of Use must be brought in the appropriate court located in Boston, Massachusetts. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.

14. Miscellaneous.

14.1. Entire Agreement. These Terms of Use, together with the Privacy Policy and any other policies posted by Tekscan on the Website, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

14.2. Severability. If any provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, then that provision shall be deemed severable from these Terms of Use and the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

14.3. Waiver. Any failure by Tekscan to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use.

14.4. Assignment. Tekscan may assign these Terms of Use, in whole or in part, in its sole discretion.

14.5. Notice. Tekscan may deliver notice to you under these Terms of Use by means of e-mail, a general notice on the Website, or by written communication delivered by first class postage prepaid international mail to your address or contact information on record in Tekscan’s account information. You may give notice to Tekscan at any time via e-mail to info@tekscan.com or by letter delivered by first class postage prepaid mail or overnight carrier to the following address: Tekscan, Inc., 307 West First Street, South Boston, MA 02127-1309 USA.

14.6. Headings. The Section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.

14.7. Survival. The following Sections shall survive termination of these Terms of Use: Orders and Billing; Intellectual Property; Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.